Gujarat High Court
Gadubhai Mogajibhai Pasaya vs Nizamkhan Gamansang Rathod on 18 September, 2025
NEUTRAL CITATION
C/CA/3600/2025 ORDER DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3600 of
2025
In F/FIRST APPEAL NO. 16357 of 2025
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GADUBHAI MOGAJIBHAI PASAYA
Versus
NIZAMKHAN GAMANSANG RATHOD & ORS.
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Appearance:
MR RIYAZ R PARMAR(11846) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 18/09/2025
ORAL ORDER
1. Issue notice to the respondents, returnable forthwith.
2. Mr. Vibhuti Nanavati, learned counsel, waives service of notice on
behalf of respondent no.3-insurance company.
3. Heard learned counsel for the parties.
4. Learned counsel for the applicant, submitted that the applicant is
a poor person and he could not arrange the fund for preferring the
appeal within the period of limitation. He further submitted that in
managing the fund for preferring the appeal, the applicant has borrowed
the money from his friends and relatives and thereafter, engaged the
advocate to file the present appeal. He further submitted that the delay
is neither intentional nor malafide but has occasioned owing to the
NEUTRAL CITATION
C/CA/3600/2025 ORDER DATED: 18/09/2025
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reason stated in the application.
5. On the other hand, Mr. Vibhuti Nanavati, learned counsel
appearing on behalf of the insurance company, submitted that
considering the facts and circumstances, the appropriate order may be
passed.
6. Having heard the learned counsel for the parties, it is evident that
the applicant is the driver of the vehicle. The ground of poverty has
been pressed into service for non-filing of the appeal in time. The
poverty of party cannot be a hindrance in a way of the party to have the
recourse of the legal proceedings. Having regard to the ground of
poverty, in my considered view, is sufficient cause to condone the
delay. At this Juncture, it would be profitable to refer the judgment of the
Hon'ble Apex court rendered in the case of Collector Land Acquisition,
Anantnag and Another Vs. Mst. Katiji and Others, reported in AIR
(1987) SC 1353, wherein the Hon'ble Supreme Court has observed as
under:-
"1. Ordinarily a litigant does not stand to benefit by lodging an appeal late.
2. Refusing to condone delay can result in a meritorious matter being
thrown out at the very threshold and cause of justice being defeated. As
against this when delay is con- doned the highest that can happen is that a
cause would be decided on merits after hearing the parties.
3. "Every day's delay must be explained" does not mean that a pedantic
approach should be made. Why not every hour's delay, every second's
delay? The doctrine must be applied in a rational common sense
pragmatic manner.
4. When substantial justice and technical considerations are pitted against
each other, cause of substantial justice deserves to be preferred for the
other side cannot claim to have vested right in injustice being done
NEUTRAL CITATION
C/CA/3600/2025 ORDER DATED: 18/09/2025
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because of a non-deliberate delay.
5. There is no presumption that delay is occasioned deliberately, or on
account of culpable negligence, or on account of mala fides. A litigant does
not stand to benefit by resorting to delay. In fact he runs a serious risk.
6. It must be grasped that judiciary is respected not on account of its
power to legalize injustice on technical grounds but because it is capable
of removing injustice and is expected to do so."
7. Thus, having regard to the facts and circumstances of the present
case and the ratio of the judgment rendered in the case of Collector
Land Acquisition, Anantnag (supra), the present application is deserved
to be allowed and accordingly, the delay is condoned. No order as to
costs.
8. Registry is directed to show the name of Mr. Vibhuti Nanavati,
learned counsel in the First Appeal and Civil Application.
(MOOL CHAND TYAGI, J)
HARSHIT
